SUBRATI @ IMRAN Vs. STATE

JUDGEMENT

(1.) The appellant/convict has preferred this appeal assailing the judgment dated 15th January, 2011 and order on sentence dated 18th January, 2011 passed in SC No.101/2009 (pertaining to FIR No.47/2008 under Section 376 IPC, PS Vasant Kunj) whereby he has been convicted for committing the offence punishable under Section 376 IPC and sentenced to undergo RI for ten years with fine of ?3000/- and in default of payment of fine to undergo SI for six months.

(2.) Briefly stating, the case of prosecution is that on 25th January, 2008 at about 1.55 pm an information was sent by Duty Constable Rajbir from Safdarjung Hospital that a girl aged about nine years was got admitted in injured condition in the hospital by her mother, which was reduced into writing vide DD No.21A. On receipt of DD No.21A, ASI Brahmo Devi alongwith HC Thawar Singh reached Safdarjung Hospital and collected the MLC No.2400/08 Ex.PW5/A of 'R' (name withheld to conceal her identity) wherein alleged history given was of rape by one Subrati i.e. the appellant on 20th January, 2008. Thereafter W/ASI Brahmo Devi recorded the statement Ex.PW1/B of child victim 'R' wherein she stated that she was residing with her parents in a Jhuggi in Israel Camp, Rangpuri and that she had joined her parents in Delhi just two months prior thereto. Earlier she was staying with her maternal grandparents and was studying in 2nd Standard. She was yet to seek admission in a school after shifting to Delhi. Her parents both used to go for work hence she was staying alone at home when her parents were away to work. She further stated that on 20th January, 2008 when her mother was away to work, the convict/appellant Subrati, whom she addressed as Mama (maternal uncle) entered her house and bolted the door from inside. Thereafter he removed his pant and also her pant. She started crying but was made to keep quite. She narrated the act of the convict as 'apni peshab ki jagah ko mere peshab ki jagah mein daal diya'. The convict/appellant committed wrong act with her thrice. She was scared but after two days informed her mother about the incident. Her mother became nervous. On 25th January, 2018 her mother took her to Safdarjung Hospital for medical examination.

(3.) On the basis of above statement Ex.PW1/B, FIR No.47/2008 under Section 376 IPC was recorded at PS Vasant Kunj. Accused was arrested and also got medically examined. The child victim was also got examined under Section 164 CrPC before the learned Magistrate. School Leaving Certificate of the child victim recording her date of birth as 13th October, 1999 was also obtained. After completion of investigation, chargesheet was filed and case was committed to the Court of Session.